Laws on treaties

Question 1

what is a treaty?

Answer 1

an international agreement concluded between states in written form and govern by int’l law, whether in a single instrument or in 2 or more related instruments and whatever its particular designation

Question 2

what governs a treaty?

Answer 2

Vienna Convention of 1969

Question 3

What is a bilateral treaty?

Answer 3

between two states or entities (VFA)

Question 4

What is a mulitilateral treaty?

Answer 4

• **Multilateral treaty-** concluded among several countries (UN charter)

Question 5

what are the common designation of treaties?

Answer 5

• Conventions
• Convenants
• Protocols

Question 6

What are the Commonalities between treaties and Contracts?

Answer 6

• Both are voluntary agreements of parties assuming obligations among themselves
• Whoever fails up in their end of the bargain, will be held liable under the law.

Question 7

Difference between Treaty and an Executive Treaty

Answer 7

Treaties are formal documents which REQUIRE concurrence by the senate WHILE
Executive trearty are binding through executive action WITHOUT the need of a vote by the senate or congress.

Question 8

What are the requisites of a valid treaty?

Answer 8

• ENTERED INTO BY PARTIES WITH TREATY-MAKING CAPACITY
• ENTERED INTO BY THEIR ORGANS OR REPRESENTATIVES;
• WITHOUT ATTENDANCE OF DURESS, MISTAKE OR FRAUD OR VICE OF CONSENT;
• HAS A LAWFUL SUBJECT MATTER AND OBJECT;
• RATIFIED IN ACCORDANCE WITH THE PARTIES’ RESPECTIVE CONSTITUTIONAL PROCESSES.

Question 9

What are the Principles of a treaty?

Answer 9

-Jus cogens
-Pacta sunt servanda
-Clausula Rebus sic stantibus
-Most favored Nation clause

Question 10

What is Jus cogens?

Answer 10

“Compelling law”
Norms that command peremptory authority, superceding conflicitng treaties and customs.

Question 11

What is pacta sunt servanda?

Answer 11

• “promises must be kept”
• agreements and stipulations of the parties to a contract must be observed
• “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.

Question 12

What is Clausula Rebuc Sic Stantibus?

Answer 12

A legal DOCTRINE IN INTERNATIONAL LAW WHICH ALLOWS TREATIES TO BECOME INAPPLICABLE BECAUSE OF A FUNDAMENTAL CHANGE OF CIRCUMSTANCES. EXCEPT IF HE PARTIES TO A TREATY HAD CONTEMPLATED FOR THE OCCURRENCE OF THE CHANGED CIRCUMSTANCES.

Question 13

What is the Most favored nation clause?

Answer 13

• principle that states that nations should do business as fairly as possible.
• a status or level of treatment accorded by one state to another in international trade.
• non-discriminatory trade policy

Question 14

What are the processes in making a treaty?

Answer 14

Negotiation- The President has the sole authority to negotiate and conclude treaties, subject only to concurrence by at least two-thirds of all members of the Senate. ANY OTHER government official is competent to perform all acts relating to the conclusion of a treaty, so long as he has “full powers”

Adoption- - consent of all the States participating in the drawing up of the treaty. In case of a treaty drawn up at an international conference by the vote of at least 2/3 of the States present and voting, unless by the same majority they shall decide to apply a different rule.

Authentication- by signature (signature ad referendum) of representatives of States participating in the drawing up of the treaty or by such procedure as may be provided for in the text or agreed upon by the negotiating States.

Ratification- IT IS ANY AUTHORITATIVE ACT WHEREBY A STATE DECLARES TO THE INTERNATIONAL COMMUNITY THAT IT BINDS ITSELF BY THE TREATY. Usual way to give of consent to be bound.

Entry into force- a treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree. Failing any such provision or agreement, a treaty enters into force as soon as the consent to be bound by the treaty has been established for all the negotiating States.

Accesion- A STATE MAY DECLARE ITS INTENT TO BE BOUND BY THE TREATY BASED ON THE METHODS OFTEN SPECIFIED IN THE TREATY ITSELF. Non-signatories to the treaty may join.

Question 15

Why is it required to register a treaty with the UN?

Answer 15

because according to art.80 of VCLT (Vienna Convention on the Law of Treaties, 1969)

THE TREATY IS DEPOSITED TO THE UNITED NATIONS SO AS TO INFORM THE UN OF THE EXISTENCE OF THE TREATY and to SOME EXTENT, INVOKE THE AUTHORITY OF THE UN IN CASE OF BREACH OR NON-COMPLIANCE WITH TREATY OBLIGATIONS.

Question 16

What is a Concordat?

Answer 16

It is a an agreement between the pope and a gov’t for the regulation of church affairs. A treaty or agreement between ecclesiastical and civil powers to regulate the relations between the church and the state under the jurisdiction of both.

(sepration of church and state)

Question 17

What is Protocol de Cloture?

Answer 17

An instrument WHICH RECORDS THE WINDING UP OF THE PROCEEDINGS OF A DIPLOMATIC CONFERENCE AND USUALLY INCLUDES A REPRODUCTION OF THE TEXTS OF TREATIES, CONVENTIONS, RECOMMENDATIONS AND OTHER ACTS AGREED UPON AND SIGNED BY THE PLENIPOTENTIARIES ATTENDING THE CONFERENCE

NOT THE TEATY ITSELF BUT ONLY A SUMMARY OF THE PROCEEDINGS OF A PROTRACTED CONFERENCE WHICH MAY HAVE TAKEN PLACE OVER SEVERAL YEARS.

A summary of the treaty making process and including the reproduction of the texts of treaties, conventions, recommendations, and other acts agreed upon and signed by the plenipotentiaries attending the conference.

Question 18

When is it permited to terminate or withdraw from a treaty?

Answer 18

(1) by consent of all of the parties;
(2) in conformity with the provisions of the treaty, e.g. Article 127 of the Rome Statute;
(3) conclusion of a later treaty by all of the parties relating to the same subject matter;
(4) material breach;
(5) supervening impossibility of performance;
(6) fundamental change of circumstances or rebus sic stantibus, and
(7) emergence of jus cogens